The Law OFFICE OF RAYMOND J. TONEYEffective and affordable legal servicesFor military personnel and veterans

Mr. Toney, a civilian military lawyer, provides careful and aggressive representation in all areas of military personnel law. He provides the highest quality legal services at very competitive prices, and has represented service members and veterans from all military departments and the U.S. Coast Guard.

In choosing a military lawyer for your personnel law issues, you should distinguish between those who primarily practice UCMJ (criminal) law, and those, such as Mr. Toney, who focus exclusively on military personnel law matters, also referred to as "military administrative law," which are often very complicated.

By limiting his practice to military personnel law matters, Mr. Toney has developed in-depth knowledge of the complex web of laws, policies, and practices affecting military personnel and veterans. He is a recognized authority in the field of military administrative law and is frequently consulted by other lawyers, media sources, and non-profit organizations.

​Mr. Toney takes his work (your legal issues) very personally and strives for excellence and outstanding results in every case. He maintains a comparatively small caseload, which permits him to devote his full attention and care to every matter he accepts. Mr. Toney personally manages every case from beginning to end. Your phone calls and e-mails will be returned promptly and courteously.

Mr. Toney normally limits his practice to matters involving active duty service. He generally does not accept cases involving Army National Guard or Air National Guard matters, unless they directly involve active duty service issues. He does not engage National Guard matters at the state level.

Federal CourtMr. Toney is highly experienced in the area of federal court review of military personnel actions. His federal court cases typically involve the review of final decisions of military administrative boards such as the boards for the correction of military records (BCMRs). Mr. Toney focuses almost exclusively on cases involving claims for back pay and related monetary benefits such as medical and regular retirement before the United States Court of Federal Claims, a national court located in Washington, DC.

Mr. Toney is responsible for several landmark decisions in the federal courts involving the applicability of the federal Privacy Act to the Army National Guard, the requirement that the boards for the correction of military records consider and adhere to their prior decisions (doctrine of precedent), limitations on the judicial deference that may be given to military correction board decisions, and the circumstances requiring a court to return a decision to the military department for further explanation (remands). He has successfully litigated matters such as promotions, reprimands, disability evaluation, and unlawful discharges and retirements.

Federal court review of military decisions is a highly complicated and lengthy process. There are many pitfalls to avoid. Mr. Toney carefully assesses the merits of each case and develops a legal strategy that will give his clients their best chance of success. He painstakingly develops the relevant facts and spends the necessary time researching and explaining the applicable law to both his clients and the court. Mr. Toney has been commended by federal judges for his zealous advocacy.

Military Record Correction Boards (BCMRs)Each branch of the military, as well as the Coast Guard, has a board for the correction of military records. The BCMRs have very broad authority to correct an applicant’s military records. Mr. Toney has extensive experience with the BCMRs and knows their ﻿procedures﻿, strengths, and weaknesses. His approach to BCMR cases is to develop and present every application as though it were one day going to be reviewed in federal court. All relevant facts are identified and all valid legal arguments made. Mr. Toney also is a public advocate for the reform of the BCMRs.

Mr. Toney has developed and presented innumerable BCMR applications involving matters such as promotions, involuntary separations and retirements, disability benefits, Purple Heart and other medals and awards, command and IG investigations, ROTC and service academy disenrollments, back-pay claims, and performance evaluations. ​Discharge Review BoardsEach branch of the military also has a board for the review of discharge characterizations. Like the BCMRs, the DRBs have broad powers to change, or “upgrade,” an applicants military service characterization and narrative reason for separation. Mr. Toney carefully investigates each client’s case, which includes obtaining and analyzing military service and, when necessary, medical records, to identify the strongest claims for relief. Mr. Toney has represented clients who have had their discharges upgraded from Other Than Honorable to fully Honorable, and from Other Than Honorable to General, Under Honorable Conditions. Cases in which the military has violated its own regulations in discharging an applicant, or where the applicant was not treated the same as other members of the same unit, normally have the best chances of success. Mr. Toney has special interest in bad discharges resulting from PTSD, TBI, substance abuse, and other combat or trauma related misconduct.

InvestigationsMr. Toney has represented numerous service members in Inspector General and command-directed investigations. If you are notified of such an investigation, it is imperative that you engage legal counsel immediately. Do not trust what your command or the investigating officer tells you, and say nothing and sign nothing if you have not retained and consulted with a qualified attorney. Mr. Toney has seen many cases where the service member was misled by a command or investigating officer, with career-destroying consequences. The quality of IG and command-directed investigations varies widely, but tends to be poor. In some cases the investigations appear to be little more than “hit jobs” designed to return the result the command wants.

Mr. Toney provides aggressive representation for officers and enlisted personnel under investigation. Activities typical of his representation include: contacting witnesses favorable to the client, obtaining statements from those witnesses, and providing their names and statements to the investigating officer; obtaining and reviewing all documentation relevant to the investigation; guiding the client through his or her interview with/testimony to the investigating officer, where an interview is required or appropriate; and analyzing and rebutting the findings of the investigating officer.

Involuntary Separation Boards (“Show Cause,” “Board of Inquiry,” or “AdSep” boards)Military personnel found to have engaged in misconduct or substandard duty performance may receive notification that they must appear before a board to determine whether they will be retained in the military. For most military members, the process is extremely stressful, especially where long careers and retirements are at stake. These boards offer a good opportunity to develop and present your best and strongest defense against the allegations. Mr. Toney has successfully defended clients against misconduct and substandard duty performance allegations through careful analysis and investigation, witness identification and development, and detailed preparation for the hearing. He typically involves the service member’s detailed military counsel to assist with navigating the administrative issues that may arise.​If you are facing an involuntary separation board, you have the right to detailed military counsel at no charge. When discussing your case with detailed military counsel, or with civilian counsel, it is crucially important that your lawyer have the time necessary to fully investigate, develop, and present your defense. If at any time you doubt your detailed counsel’s ability to fully and forcefully advocate on your behalf, you should contact Mr. Toney. ​

Mr. Toney is admitted to practice law in the State of New York. He does not practice state law of any type, and does not give advice regarding state law matters, whether in New York, Colorado, or any other state. Your visiting this website does not create an attorney-client relationship with Mr. Toney. An attorney-client relationship arises only after a representation agreement has been signed and the agreed to payment has been made.

The photos displayed on this website are courtesy of the U.S. Department of Defense.